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V.Palaniappan Vs I.Azimudeen — Civil Procedure and Limitation | Madras HC (2023)

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Madras HC
2023
V.Palaniappan Vs I.AzimudeenV.Palaniappan v. I.Azimudeen

Dismissed

V.Palaniappan v. I.Azimudeen

Madras HC15 Nov 2023AS(MD)/124/2013

Case brief

AI extract

What is this about?

First appeal under Section 96 CPC dismissed as non-prosecution because the appellant failed to appear for hearing on the scheduled dates.

What did the court decide?

First Appeal dismissed as non-prosecution. No order as to costs.

What the court decided

AI extract

A

A.S.(MD)No.124 of 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 15.11.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

A.S.(MD)No.124 of 2013

1.V.Palaniappan

2.S.Vasukidevi

... Appellants

Vs.

1.I.Azimudeen

2.I.Shahid Ahamed

3.H.M.Bazulullah

Parties & counsel

AI extract

appellant
V. Palaniappan
appellant
S. Vasukidevi
respondent
I. Azimudeen
respondent
I. Shahid Ahamed
respondent
H.M. Bazulullah
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 15 Nov 2023 · November
Registered: 14 Aug 2013
Case no.: AS(MD)/124/2013

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Cite this judgement

V.Palaniappan v. I.Azimudeen, AS(MD)/124/2013 (MAD), decided on 15 November 2023.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

L. Victoria Gowri

Parties & counsel

Outcome

First Appeal dismissed as non-prosecution. No order as to costs.

Detailed headnote1 paragraphs

First Appeal dismissed as non-prosecution. The appellant failed to appear for hearing on 12.10.2023 and on 15.11.2023. No representation was filed. The First Appeal stands dismissed on grounds of non-prosecution with no order as to costs.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

4.B.Suffia

5.B.Zameera

6.B.Razikha

7.B.Razidha

8.Razia Begum

9.B.Moinudeen

10.Fausia Begum

1/4 https://www.mhc.tn.gov.in/judis

A.S.(MD)No.124 of 2013

11.Shamsiya

12.Jeevamani 13.Navamani 14.Akilandam 15.Sivagnanam 16.T.Kannan

... Respondents

PRAYER: First Appeal filed under Section 96 of C.P.C, against the Judgement and Decree dated 23.01.2013 in O.S.No.64 of 2011 on the file of the Prinicipal District Judge, Trichirapalli.

For Appellant : No appearance For R-1 to R-11 : Mr.T.V.Siva Kumar For R-15 : Mr.M.P.Senthil For R-16 : No appearance

JUDGMENT

When the matter was taken up for hearing on 12.10.2023, there was no representation on behalf of the appellant. Hence, the matter was directed to be listed on 12.10.2023 under the caption “For Dismissal”.

2/4 https://www.mhc.tn.gov.in/judis

A.S.(MD)No.124 of 2013

Subsequently, the matter was listed today under the caption “For Dismissal”. Even today, when the matter is taken up for hearing, there is no representation on behalf of the appellant.

2.Hence, this First Appeal is dismissed as Non-prosecution. There shall be no order as to costs.

15.11.2023

NCC : Yes / No Index : Yes / No Internet : Yes Sml

To The Principal District Judge, Trichirapalli.

Copy to

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

3/4 https://www.mhc.tn.gov.in/judis

A.S.(MD)No.124 of 2013

L.VICTORIA GOWRI, J.,

Sml

A.S.(MD)No.124 of 2013

15.11.2023

4/4 https://www.mhc.tn.gov.in/judis

B. Suffia

Coram

AI extract

L. Victoria Gowri

CNR

HCMD010000242013

Topic

Civil Procedure and Limitation

Bench

L.victoria Gowri

Disposal

DISMISSED FOR NON-PROSECUTION

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